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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and 24% per annum from February 6, 2015 to the date of full payment.
Reasons
1. Comprehensively taking account of the purport of Gap evidence No. 1 and all pleadings as to the cause of the claim, when lending KRW 100 million to defendant B on October 6, 201, the return date is October 6, 2012, and interest is agreed to pay KRW 2 million (2% per annum) on the sixth day of each month (hereinafter “instant lending agreement”); Defendant C may recognize the fact that he/she jointly and severally guaranteed the Defendant B’s obligation under the instant lending agreement; there is no counter-proof; the Plaintiff received interest KRW 10 million from the Defendants until March 5, 2012; and the same year as March 28, 2016.
4.1. Each receipt of KRW 10 million and KRW 5 million each on December 5 of the same year, respectively, from 1,000,000; and
4.25. The fact that 39,871,661 won was distributed from the voluntary auction procedure for real estate owned by the Defendant B is the person.
According to the above facts, Defendant B is the principal debtor, barring any special circumstance, and Defendant C, as a joint and several surety, has the interest for 35 months from March 6, 2012 to February 5, 2015, which is the day following the date on which the Plaintiff received interest for KRW 100 million (=10 million x 2% per month x 35 months) and the total amount received by the Plaintiff during that period is KRW 69,871,61 (=10 million x 2.5 million x 2.5 million x 239,871,61,61). However, if the above amount received by the Plaintiff is appropriated first to the above interest amount, it remains 128,339 won (=70,000,000-69,871,61 won). However, the Plaintiff’s claim shall be followed.
The agreed interest shall be paid at the rate of 24% per annum from February 6, 2015 to the date of full payment of the principal of the instant loan (=2% per month x 12 months).
The defendants asserted that the above dividends should be appropriated first to the principal of the loan in this case, so if the dividends distributed at an auction to exercise the security right fall short of extinguishing the entire secured claims held by the secured party, then the above dividends shall be appropriated first to the principal of the loan in this case, under Article 476 of the Civil Act.